Allahabad High Court
ANURAG PANDEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the charge sheet is taken, the petitioner shall not be arrested.
Summary
The petitioner, Anurag Pandey, filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court disposed of the writ petition after issuing this direction. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the High Court can issue an order restraining arrest of the petitioner pending cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21724 of 2025
Anurag Pandey
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Singh
Counsel for Respondent(s) : G.A., Manvendra Narain Pathak,
Yogesh Pratap Singh
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Learned A.G.A. appearing for State-respondents informs that charge
sheet has already been filed in this case by the investigating officer, but he
is not certain whether cognizance has been taken by the court thereon or
not.
3. Since charge sheet has already been submitted, but the correct position
regarding the cognizance thereon is not clear, keeping in view the fact
there is interim order operating in this writ petition, the same is disposed
of directing that till the cognizance is taken on the police report by the
court concerned, the petitioner/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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